Citation Nr: 21064217 Decision Date: 10/19/21 Archive Date: 10/19/21 DOCKET NO. 18-20 823 DATE: October 19, 2021 ORDER Entitlement to an effective date of September 27, 2010, but no earlier, for the award of service connection for Raynaud's syndrome is granted. FINDINGS OF FACT 1. The Veteran filed a claim for service connection for Raynaud's syndrome that was received by the Department of Veterans Affairs (VA) on September 27, 2010; the claim was denied in a June 2011 rating decision. 2. In June 2017, the Veteran filed another service connection claim for Raynaud's syndrome. In August 2017, VA received relevant official service department records, including a DD Form 214, that existed and had not been associated with the claims file when VA first decided the claim. 3. A December 2017 rating decision awarded service connection for Raynaud's syndrome, based in part on the DD Form 214 that was associated with the claims file in August 2017. CONCLUSIONS OF LAW 1. Reconsideration of the final June 2011 rating decision is warranted. 38 U.S.C. § 7105; 38 C.F.R. §§ 3.156(c), 20.1103. 2. The criteria for entitlement to an effective date of September 27, 2010, but no earlier, for the award of service connection for Raynaud's syndrome are met. 38 U.S.C. § 5110; 38 C.F.R. § 3.400. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Air Force from January 1981 to December 1992. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2017 rating decision of a VA Regional Office (RO). In January 2020, the Veteran testified at a hearing before the undersigned Veterans Law Judge. The Board remanded the claim in April 2020. 1. Entitlement to an effective date of September 27, 2010, but no earlier, for the award of service connection for Raynaud's syndrome is granted. Generally, the effective date of an evaluation and award of compensation based on an original claim or a claim reopened after final disallowance will be the date of receipt of the claim or the date entitlement arose, whichever is later. See 38 U.S.C. § 5110; 38 C.F.R. § 3.400. At any time after VA issues a decision on a claim, if VA receives and associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim. Such service records include service records that are related to a claimed in-service event, injury or disease and additional service records forwarded by the Department of Defense or the service department to VA any time after VA's original request for service records, so long as these records existed when VA first decided the claim and the claimant provided sufficient information for VA to identify and obtain the records from the respective official source. An award made based all or in part of such records is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later. 38 C.F.R. § 3.156(c). On September 27, 2010, VA received VA Form 21-526, Application for Compensation and/or Pension, from the Veteran seeking service connection for Raynaud's syndrome. A June 2011 rating decision denied entitlement to service connection for Raynaud's syndrome. The Veteran did not appeal that decision, and new and material evidence was not received within one year of notice of its issuance. Accordingly, the June 2011 rating decision is final. See 38 U.S.C. §§ 5108, 7105; 38 C.F.R. §§ 3.156(b), 20.1103. Thereafter, the Veteran filed another claim for service connection for Raynaud's syndrome that was received by VA on June 12, 2017. See VA Form 21-526EZ. In August 2017, the Veteran's DD Form 214, reflective of service in Southwest Asia in support of Operation Desert Shield/Storm from June 1992 to October 1992 as well as the Southwest Asia Service Medal and overseas tour ribbons, and other service personnel records were associated with the record. These records are official service department records that existed and had not been associated with the claims file when VA first decided the claim. In this regard, the June 2011 rating decision only considered the Veteran's dental service treatment records and did not note consideration of any personnel records or DD Form 214 as evidence reviewed. Notably, the Veteran's medical service treatment records were previously determined to be unavailable. See May 2011 VA Memorandum. The December 2017 rating decision that awarded service connection for Raynaud's syndrome was based in part on the Veteran's DD Form 214. The RO listed evidence including the Veteran's DD Form 214 and a Gulf War VA examination, finding that the diagnosis of scleroderma formed the basis of Raynaud's syndrome and the Gulf War presumptive, and specifically noted that the Veteran was in receipt of the Southwest Asia Service Medal for support of Operation Desert Shield/Storm per his personnel records. Since there is no evidence documenting the Veteran's service in Southwest Asia prior to the personnel records received in 2017 and the RO relied on the newly received DD Form 214 in granting presumptive service connection due to environmental exposures in Southwest Asia, reconsideration of the June 2011 rating decision under 38 C.F.R. § 3.156(c) is warranted. Accordingly, September 27, 2010, and no earlier, is the appropriate effective date for the award of service connection for Raynaud's syndrome, which is consistent with the date the Veteran's initial claim was received and is later than the date entitlement arose. 38 C.F.R. § 3.156(c)(3). As the record does not show any formal or informal claim for service connection for Raynaud's syndrome prior to this date, nor does the Veteran allege otherwise, an effective date prior to September 27, 2010 is not warranted. S. BUSH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S.S. Mahoney The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.